PAGE

141

ATTORNEY—Court has no power to adjust amount of attorney's
fees in summary way, on his application.....
ATTORNEY, LIEN OF-at common law, and under the Code.. 141
Mode of enforcing...

141

When attorney should not be allowed to enforce it.
Exists before entry of judgment....

141

BANKRUPTCY-Sale by assignee in, under bankruptcy act of
1841, when void..

Where costs only are awarded, attorney need not give notice
of....

253

253

396

BILL OF PARTICULARS—Properly ordered in action for
criminal conversation.....

81

When right to, not lost by laches..

81

See ACCOUNT."

BILLS, NOTES, ETC.-See "PAYMENT;" "SUBROGATION;"

"WITNESS."

CIRCUIT COURT OF UNITED STATES-See "CODE of
CIVIL PROCEDURE."

CLERK-See "Costs."

371

CODE OF CIVIL PROCEDURE-Proceedings in equity in
U. S. Circuit Court not governed by......
COMMISSION-Mistake in affidavit on which, granted as to
christian name of person to be examined is mere irregularity... 255
--See JUSTICES OF THE PEACE, COURTS OF."

COMMISSIONER FOR NEW YORK-See "PLEADINGS."
COMPLAINT See "EXAMINATION OF PARTY BEFORE TRIAL;"
"PLEADINGS."

CONCLUSION OF LAW-Sec "FINDINGS."

CONTEMPT OF COURT-Perjury is and may be punished as

--Proceeding to punish for, in summary of manner is constitu-
tional..

CONTRACT-See "ATTACHMENT;" "PARTNERSHIP;" "PLEAD-

INGS."

236

236

CORPORATION-Officers of, not parties to action, may at com-
mon law, be compelled to produce books and papers by sub-
pæna duces tecum...

Petition for voluntary dissolution of, must show that it will
be to the interest of the stockholders....

270

Nature and contents of order to show cause why, should not
be dissolved...

270

Report of referee in proceedings for voluntary dissolution.. 270
Directors of, may resign and where their motives and pur-
poses are proper their resignation takes effect without any act
of the corporation...

127

When court will order sale of property of insolvent corpora-
tion....

See "ATTACHMENT;" "INJUNCTION," "EVIDENCE;""PLEAD-
INGS;" "RECEIVER;" "STATUTE;" "SUPERIOR CITY COURT;"
"SEQUESTRATION, ACTION FOR;" "VENUE."

COSTS-- Where a complaint was dismissed as to one count and
the plaintiff had a verdict in his favor on the second count,
having obtained the only verdict rendered by the jury he was
the only party entitled to costs......

When both parties to action entitled to..

PAGE

127

452

9

But one additional allowance can be granted in an action
and that only when final judgment is rendered...

410

Successful party not entitled to term fees of term that trial
was postponed at his request. . . . .

169

Motion, both in action and special proceedings to be collect-
ed by execution......

358

Costs when not collectible by execution...

358

-History of legislation relating to the collection of costs..... 358
The $30 costs which may be granted in proceedings supple-
mentary to execution, cannot be collected by execution...... 358
When a party was examined before trial under a stipulation
and not by order, costs for such examination cannot be taxed. 362
To abide the event, awarded on granting a new trial on ap-
peal......

86

Where it is stipulated that the decision of an appeal in an ac
tion shall determine similar appeals in other actions, the success-
ful party is entitled to tax costs for argument of each appeal.. 116
When plaintiff entitled to costs of appeal of course
266
When the court of appeal affirms a judgment of the special
terms with costs" means all costs subsequent to the entry of
judgment...

.... 266

When costs are discretionary, upon an appeal to the court of
appeals all costs subsequent to the judgment are subject to its
control......

266

When expense of lithographing summons and complaint and

for telegrams may be included in bill of costs......

80

Clerk to be guided, in adjusting costs, by the Code......
When clerk should take proof on taxation of costs, of neces-

362

sity for subpœnaing witnesses....

156

When court will not review or order new taxation of. ... 157
Court has no power to tax.....

157

See "ADMINISTRATOR;" "ATTORNEY'S LIEN;" "DISTRICT
COURTS IN THE CITY COURT OF NEW YORK;" "SECURITY
FOR COSTS; SET OFF;" TENDER.

PAGE

COUNTER-CLAIM-See "PLEADINGS."

COURT-Will protect its officers in the discharge of their duties,
and see that all persons willfully embarrassing them are
arrested and punished.....

See "JUSTICE OF THE PEACE;" "DISTRICT COURTS IN THE
CITY OF NEW YORK; ""SUPERIOR CITY COURTS."
CREDITOR'S ACTION-See " ACTION."

434

CRIMINAL CONVERSATION, ACTION FOR-See "BILL OF
PARTICULARS."

DEFINITIONS-Affirm, Affirmative, Affirmative allegation.... 263
With costs.....

See "ATTACHMENT."

DEPOSITION-See "MOTION."

DISBURSEMENTS--See "COSTS."

DISSOLUTION OF CORPORATION-See "CORPORATION;
"SEQUESTRATOIN, ACTION FOR."

DISTRICT COURTS IN THE CITY OF NEW YORK-Costs
paid to perfect appeal from, should be paid by clerk to suc-
cessful party in district court

266

281

Practice as to granting, etc. of attachment in, not changed
by Code......

287

........

Motion to vacate attachment issued out of, may be reviewed
on appeal ...

..... 287

287

Attachment granted in, must be allowed by justice and
signed by clerk....

JUSTICES OF THE PEACE, COURTS OF."

See "
EJECTMENT-See "ACTION TO RECEIVER REAL PROPERTY;"
"SHERIFF."

EMINENT DOMAIN-State cannot grant right of, to any
corporation or person for other than a public use.
ENTRY OF ORDER-See "APPEAL."

EQUITABLE ACTION-See "ACTION."
ESTOPPEL-Voluntary statements only are an....

12

... 361

-Findings on issues framed under § 970 of the Code when not an 307
-What determinations are an................

... 307

-Inference from testimony in a former proceeding do not
constitute an, in a subsequent case where the same testimony is
given....

See "ATTACHMENT; "JOINT DEBTORS."
EVIDENCE-In action against a surviving partner, a general
question concerning transactions with the firm, which will per-
mit plaintiff to testify to transactions with the deceased
partner, should not be allowed when special objection is
made...

307

328

-Where both parties to an action were examined before trial
and one died, and his executor was substituted for him, the
other's deposition may be read on the trial, although it relates
to personal transactions with the deceased...............

-Stipulation as to the reading of such deposition should be
enforced...

-Formal proof in action against administratrix that she had
advertised for claims against her testator's estate clearly admis-
sible. ...

PAGE

337

337

... 171

-Proof of incorporation of defendant not necessary unless
answer contains affirmative allegation that it is not incorporated. 263
-See "ACCOUNT; ""CORPORATION; "" ESTOPPEL; ""EXCEP-
TIONS; ""FINDINGS;" "WITNESS."

EXAMINATION OF PARTY BEFORE TRIAL-Inspection
of machinery by which plaintiff was injured, in action for
personal injuries, cannot be required as a condition to the ex-
amination of plaintiff...

--Is a matter of right...

-When should be ordered to enable plaintiff to frame com-
plaint......

-Not refused because liable to abuse..

-Judge before whom is it is taken should limit...

-Order for, should not be set aside on ground that it will tend
to criminate witness unless the evidence sought to be obtained
relates exclusively to facts which if proven will show that he
was guilty of a crime....

See "COSTS;"" EVIDENCE; "WITNESS."
EXCEPTIONS-None necessary to authorize review of finding
on controverted question of fact.......

332

332

98

98

98

284

.... 171

It is questionable whether an exception to the admission of
evidence properly admissible for one purpose can be upheld
because afterwards used for another and illegitimate purpose. 171
EXECUTION-See COSTS;" "SHERIFF."

"7 66

EXECUTOR-See "ADMINISTRATION, LETTERS TESTAMENTARY
AND OF; “EXECUTOR AND ADMINISTRATOR;" "SURROGATE'S
COURT."

EXECUTOR

AND ADMINISTRATOR-When

surrogate to bring action on bond of executor or administrator
not necessary...

-When such action cannot be maintained

leave of

323

323

159

-When personally liable for costs.......

-When judgment there for may be entered against him person-
ally without order of court....

..... 159

--Not excused from accounting here by proceedings in foreign
probate court......

229

See "ADMINISTRATION, LETTERS TESTAMENTARY AND OF;"
EVIDENCE: 39 6. ·FINDINGS;""SURROGATE'S COURT."
FINDINGS--Without evidence to sustain them are rulings on
questions of law.....

PAGE

... 171

---Formal proof that an executor has advertised for claims, does
not authorize a conclusion of law that defendant is entitled to
a dismissal of the complaint, in the absence of proof that
defendant has distributed her testator's estate. ...

See "EXCEPTIONS."

HIGHWAYS-Railroads are public......

HUSBAND AND WIFE-See "MARRIED WOMAN."

INJUNCTION-In receiver's action to restrain action....

INSPECTION-Court has no power, in action for personal
injuries, to order inspection of machinery by which plaintiff
was injured....

66

See EXAMINATION OF PARTY BEFORE TRIAL."

INSURANCE-See "PLEADINGS, Complaint."

171

11

127

332

JOINT DEBTOR-Has same defenses in action to charge him
with judgment entered against him "not summoned" as he
would have had if served in the original action...

295

-In such action judgment is not conclusive evidence of the
amount of the debt......

295

JUDGMENT-Demand for wrong, does not prevent recovery
where answer was interposed....

1

See "ACTION;" "JOINT DEBTORS;" "ESTOPPEL;" "OFFER
OF JUDGMENT;" "SET OFF."

JURISDICTION-See "SUPERIOR CITY COURT."

JUSTICES OF THE PEACE, COURTS OF-Provisions of Code

relative to suppression of commission apply to.......

255

-Too late to make motion for suppression of commission on
day of, or pending trial...

255

-See "DISTRICT COURTS IN THE CITY OF NEW YORK."
JUSTIFICATION--See "UNDERTAKING."

LACHES-See "BILL OF PARTICULARS;"

"SECURITY FOR

COSTS."

LETTERS TESTAMENTARY AND OF ADMINISTRA-
TION-Sce" ADMINISTRATION, LETTERS TESTAMENTARY AND

OF."

LEVY-See "SHERIFF."

LIEN-See "ATTORNEY, LIEN OF."

LIMITATIONS TO ACTION-When action for personal in-

juries must be brought within three years after cause of action
accrued....

93